New Jersey § 34:15b-38

§ 34:15b-38.

a. No individual shall receive employment and training services paid for with federal

job training funds other than counseling unless the individual first receives counseling

pursuant to this section. The counseling shall be provided by a job counselor hired and employed by the State

pursuant to Title 11A, Civil Service, of the New Jersey Statutes, or hired and employed

by a political subdivision of the State, or be provided by a qualified job counselor

hired and employed by a non-profit organization which began functioning as the One

Stop Career Center operator with the written consent of the chief elected official

and the commissioner prior to the effective date of P.L.2004, c. 39 ( C.34:1A-1.2 et al.), or be provided by a qualified job counselor hired and employed by an approved community-based or faith-based organization to

provide counseling which the organization entered into an agreement to provide before

the effective date of P.L.2004, c. 39 ( C.34:1A-1.2 et al.) , or be provided by a qualified business counselor hired and employed by an approved

community-based or faith-based organization to provide counseling for individuals

seeking to embark upon a microenterprise self-employment venture . The purpose of any job counseling provided pursuant to this section is to assist each individual in obtaining

the employment and training services most likely to enable the individual to obtain

employment providing self-sufficiency for the individual and also to provide the individual

with the greatest opportunity for long-range career advancement with high levels of

productivity and earning power. The purpose of any business counseling provided pursuant to this section is to assist

each individual seeking to embark upon a microenterprise self-employment venture with

counseling by qualified business counselors determined to be necessary and appropriate

for the success of the microenterprise self-employment venture. The counseling shall include: (1) Testing and assessment of the individual's job skills and aptitudes, including

the individual's literacy skills and other basic skills. Basic skills testing and assessment shall be provided to the individual unless information

is provided regarding the individual's educational background and occupational or

professional experience which clearly demonstrates that the individual's basic skill

level meets the standards established pursuant to section 14 of P.L.1989, c. 293 ( C.34:15C-11 ) or unless the individual is already participating in a remedial instruction program

which meets those standards; (2) An evaluation by a qualified job counselor of what remedial instruction, or by a qualified business counselor of what microenterprise self-employment training, if any, is determined to be necessary for the individual to advance in his current

career or occupation , or microenterprise self-employment venture, or to succeed in any particular occupational training which the individual would

undertake under the program, provided that the remedial instruction shall be at a

level not lower than that needed to meet the standards established pursuant to section

14 of P.L.1989, c. 293 ( C.34:15C-11 ); (3) The provision of information to the individual regarding the labor demand occupations,

including the information about the wage levels in those occupations, the profitability of self-employed microentrepreneurs in those occupations, and information regarding the effectiveness of approved service providers of occupational

training or microenterprise training in labor demand occupations which the individual is considering, including a consumer

report card on service providers showing the long-term success of former trainees

of each provider in obtaining permanent employment , or establishing a microenterprise self-employed business and increasing earnings over one or more time periods following the completion or

other termination of training, including a period of two years following the completion

or other termination of training; (4) The timely provision of information to the individual regarding the services and

benefits available to the individual, and all actions required of the individual to

obtain the services and benefits, under programs supported by federal job training

funds or the provisions of P.L.1992, c. 47 ( C.43:21-57 et al.), and the provision to the individual of a written statement of the individual's

rights and responsibilities with respect to programs for which the individual is eligible,

which includes a full disclosure to the individual of his right to obtain the services

most likely to enable the individual to obtain employment providing self-sufficiency

and the individual's right not to be denied employment and training services for any

of the reasons indicated in section 5 of P.L.1992, c. 48 ( C.34:15B-39 ), including the individual's right not to be denied training services because the

individual already has identifiable vocational skills, if those existing skills are

for employment with a level of earnings lower than the level of self-sufficiency; (5) Discussion with the counselor of the results of the testing and evaluation; and (6) The development of a written Employability Development Plan identifying the training

and employment services or other workforce investment services, including any needed

remedial instruction, to be provided to the individual. b. Federal job training funds shall be used to provide training and employment services , microenterprise self-employment training, or other workforce investment services to an individual identified in an Employability

Development Plan developed pursuant to this section only if the counselor who evaluates

the individual pursuant to this section determines that the individual can reasonably

be expected to successfully complete the training and instruction identified in the

plan. c. All information regarding an individual applicant or trainee which is obtained

or compiled in connection with the testing, assessment and evaluation and which may

be identified with the individual shall be confidential and shall not be released

to an entity other than the individual, the counselor, the department, the commission

or partners of the One-Stop system as necessary for them to provide training and employment

services or other workforce investment services to the individual, unless the individual

provides written permission to the department for the release of the information or

the information is used solely for program evaluation.